WEEKLY SUPPLEMENT / European library

*** MICHÈLE DUPRÉ, OLIVIER GIRAUD, MICHEL LALLEMENT (Editors): Trajectoires des modèles nationaux. État, démocratie et travail en France et en Allemagne. Presses Interuniversitaires Européennes / Peter Lang (1 av. Maurice, B-1050 Brussels. Tel: [phone] - fax: [phone] - Email: [e-mail] - Internet: http://www.peterlang.com ). “Travail et société” series, No. 71. 2012, 398 pp. €48.20. ISBN 978-90-5201-863-8.

Judging by the evidence, the European Union is not immune to the multifaceted crisis that has been wreaking havoc over the past four years. On the contrary, different countries have been taking advantage of the storm to replace the Union at the centre of future perspectives or have at least again re-imposed, “the nation as the compulsory reference framework” for disorientated citizens. It is currently very clear that for an immense majority of European citizens, it is the Germany of Chancellor Merkel that is dictating the “economic budget”, against which the Greeks are protesting. The Germans welcome the situation and others have to accommodate themselves to it as best they can. This sets the scene for this book written by a number of researchers. It seeks to verify whether the different national models ever really ceased to follow their own developmental pathways, despite European integration and galloping globalisation. A lowdown on the current situation is quite appropriate, given that the authors: economists, historians, political scientists and sociologists, mainly from France and Germany but also from Great Britain and the US, have focused their examination on the old Franco-German couple, which has already on many occasions been analysed, “compared and contrasted, combined with determined opposition that has sought to send each of these two countries' models that appear far from compatible back to one another”. Has the passing of time really eroded current contrasts, when references to the German model are currently at the heart of the debates and controversies in France? The authors bring a number of well-argued responses to this question by looking at the issues of work, employment and professional relations on the two different sides of the Rhine.

In their introduction, Michèle Dupré, Olivier Giraud and Michel Lallement begin by defining what the participants in the research project understand by the notion of nation. They point out that some of them “use the notion of the social model as being synonymous with that of the national model”, which they consider proves that in current representations, European societies have continued to develop in favour and against all, “coherent ensembles… within closed national borders”. National orientation has, nonetheless, been seriously affected by “supranational regulations” of which the European Union has sought to be a champion. In this context, however, these regulations have provoked strong opposition although the, “national framework keeps control in most western countries, of the main mechanisms for endorsement contained within the heart of the democratic project”. Tackling problems in the public arena also remained subsequently determined by systems of actors, resources and national institutional frameworks. Why has this situation lasted over the past sixty years of the European adventure? The authors do not raise this question, which results from an intellectual shortcoming although they could obviously argue that this is not part of their research remit. At a superficial level, however, they do point out that the, “return of the national context is also manifested through the crisis of the European integration process”, which has been incapable of defining a, “European social model” worthy of the name. Once again, we cannot but agree but why if this is not the case… is it due to the obvious bad faith demonstrated by member states over the past sixty years to seek to go in this direction and bring their models closer together rather than defend them as if they were citadels under siege? No, apparently not, according to the disturbing observation that follows but which is difficult to deny, “the halt to the process of European construction was determined by the return of national egotism in the period during which attempts were made to find a solution to the international financial system since 2008. The absence of solidarity between member states, the deep deficit of common vision with regard to the problems and a lack of preparation in the area of economic and social policies have revealed the weakness of the effective integration of the elite but also of the citizens to a certain extent in some countries of Europe”.

This is exactly where we are now but some of us, however, are not going to accept it as it is. In their struggle of Sisyphus, perhaps readers may find in this book a number of reasons why they should not lose hope. It is divided into three parts, with the first part focusing on the analytical and performative dimensions of the national model. In the second part, the authors examine the dynamic content within the national social models, particularly the exchanges between Germany and France. The third part seeks to provide a number of responses that the French and German models could introduce in the areas of labour and employment, faced with contemporary challenges and conflicts. It is in this context that the reasons not to lose hope reveal themselves. The general conclusions that Jonah D. Levy draws, as well as a number of other contributions, clearly indicate that the German model is undoubtedly no panacea and in certain fields is underperforming. Levy also illustrates how, “the German model often acts as a mirror that provides a deformed image or instrument of flagellation for French experts and political decision-makers”. In these conditions, will the members of the European Council really be certain that this is the appropriate “model” for the whole of the Union?” If the answer is in the affirmative, will Europe's citizens accept it for long and might they not perhaps prefer to ask for a real “European model”?

Michel Theys

*** European Labour Law Journal. Intersentia Publishers (31 Groenstraat, B-2640 Mortsel. Tel: [phone] - fax: [phone] - Email: [e-mail] - Internet: http://www.intersentia.com ). 2012, volume 3, No. 1, 103 pp. Annual subscription: €145, £138, $203 (students: €72.50, £69, $103).

This issue of the journal on European labour law contains an editorial and three articles that focus on the Services Directive of 2006 and the Laval and Viking rulings by the European Court of Justice. Editor and researcher, Marco Rocca, therefore also provides an insight into the so-called “Monti II” regulation, which sought to provide a concrete response to these rulings promoting the free movement of services in relation to national rules in labour law. He also seeks to clarify the relationship between the benefits of the internal market and fundamental social rights. In his second article he stipulates that, “there is no hierarchy between the fundamental right to take collective action and the free movement of services or establishment”. This draft regulation introduced last March does not facilitate things from a legal point of view at all and right from the beginning provoked “strong opposition” from the unions. According to Professor Hendrickx it is the result of a, “casuistic approach”, whereas the Laval and Viking rulings are perhaps not the most appropriate questions for reconciling the internal market with the workers who operate within it. The journal's editor-in-chief argues that a new strategy is in fact required, which means that the issue should be tackled in a much broader context and within the debate on the future of Europe, a debate that is now quite crucial for the future. Two other researchers examine specific aspects of this fundamental issue, which could in the future endorse the legitimacy of the Union in the eyes of many citizens. The other contributions are just as interesting and focus on national labour law reforms being carried out within the constraints of the current crisis.

(MT)

*** KARL RIESENHUBER: European Employment Law. A Systematic Exposition. Intersentia Publishing (see address attached). "Ius Communitatis Series” series, No. 4. 2012, 803 pp, €185, £176, $259. ISBN 978-1-78068-080-4.

The original version was written in German and then added to and updated in this edition, in English. The book provides an impressive insight and perspective into European labour law since its foundations in primary law up to its embodiment into secondary legislation and the jurisprudence of the European Court of Justice. Karl Riesenhuber is a senior lecturer at Ruhr-Universität Bochum. He begins his book with an overview of the relevant fundamental rights, fundamental freedoms and competences of the European Union in the field of employment law. He is also a specialist in German economic and commercial law and provides a systematic presentation of the conflict of law rules in European Employment Law, such as the Rome I and Rome II regulations, the Posting of workers Directive and the Regulation on the recognition and enforcement of judgements. Law students and legal experts will undoubtedly be pleased that the author then sets about tackling labour law in the Union and examines individual labour law which, at the EU level, is principally composed of rules on non-discrimination, the protection of safety and health and working time. He also looks at atypical forms of employment (part-time, fixed-term and temporary agency work), special groups of employees (mothers, parents, young people) and employment protection in situation of collective redundancy, business transfer and insolvency. This book is undoubtedly a key reference book given that the author presents and meticulously analyses European Works Council rules and the participation of employees in different forms of company (European, corporative, etc.).

(MT)

*** OTA DE LEONARDI, SERAFINO NEGRELLI, ROBERT SALAIS (English): Democracy and Capabilities for Voice. Welfare, Work and Public Deliberation in Europe. Presses Interuniversitaires Européennes / Peter Lang (see address attached). "Work and Society" series, No. 72. 2012, 248 pp. €38. ISBN 978-90-5201-867-6.

The Capright project was written over a four-year period by twenty-two different researchers and sociologists, most of whom come from thirteen European countries. The driving force behind the project came from the great determination provided by its participants to contribute to the “social foundations” of Europe. To this effect they painted a picture of the situation in which the Union now finds itself, together with examples of collective action, participation, social representation, and the voice of citizens and workers in employment and welfare policies, with the aim of highlighting the conditions for enhancing democracy in public deliberation at local, national and European levels. The observation they make, which serves as their red line, is that the Union suffers from and imposes, “a strong deficit of democracy” when the most important issues of labour markets, employment policies and welfare regimes are decided. In their introduction, Professors Ota De Leonardis and Serafino Negrelli (from the University of Milan Bicocca) state that, “we are moving away from the European heritage of the "social model" of democracy - a democracy founded on social justice”. Subsequently, the current crisis is simply speeding up this worsening situation, which is explained in part by the technocratic recipes of governance such as, “management by objectives” and “benchmarking”, quantitative indicators that constitute the withering away of democracy as we know it. Fortunately, the authors do not blindly accept this situation and explain that, “the Union remains the most relevant arena for social regulation of global markets and global players” because this is “why and how a democracy grounded in economic and social life - where a plurality of voices may be heard, where citizens participate in collective bargaining and public deliberation - is crucial for the Europe's future”. For our future!

(MT)

*** BEA CANTILLON, HERWIG VERSCUEREN, PAULA PLOSCAR (Editors): Social inclusion and Social Protection in the EU: Interactions between Law and Policy. Intersentia Publishers (see address attached). "Law and Cosmopolitan Values" series, No. 2. 2012, 231 p., €55, £52, $77. ISBN 978-1-78068-056-9.

This book results from a seminar that brought together legal specialists and political scientists from the University of Antwerp. It focuses exclusively on the question of whether interaction exists between legal instruments and the prevailing political coordination in the fields of social inclusion and social protection in the Union. The book begins with two contributions that provide the political and legal setup. The focus then switches to the specific areas of healthcare, pension systems and the means of combating poverty. Two of these contributions result from in-the-field research carried out. One of these projects was carried out by Bart Vanhercke (the European Social Observatory and the University of Leuven) the other by the young researcher, Lena Wegener. They examine the impact of the open method of coordination in the healthcare arena which they believe is like, “looking for a needle in a haystack” because it has not led to any substantive policy change in the member states. These two contributions are then followed by Bea Cantillon and Natascha Van Mechelen from the University of Antwerp, who argue that the antipoverty instruments activated in the Union have proved, “insufficient or ineffective” and the rates of poverty bear this out. They subsequently examine the possibility of introducing binding standards for the minimum wage in Europe, which they argue could be phased in flexibly.

(PBo)

*** PASCALE LORBER, TONIA NOVITZ: Industrial Relations Law in the UK. Intersentia Publishing (see address attached). 2012, 172 pp. €45, £43, $63. ISBN 978-90-5095-959-9.

This book is written by legal specialists at the universities of Leicester and Bristol. It provides an insight into the legal framework governing industrial relations in the United Kingdom at a time when the Conservative-Liberal Democrat coalition led by David Cameron, is involved in a significant review of labour law. Subsequently, some of the progress introduced by Labour governments after the Thatcher years now finds itself under threat. After setting the scene, the authors then look at how British governments have not always been overly enthusiastic about the freedom of association or the unions carrying out collective bargaining and being responsible for the relationship between the trade union leadership and their members. The authors also look at the repercussions of belonging to the European Union, such as the obligation to provide information and organise consultation for workers through their representatives, who are not always union members.

(PBo)